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Articles 1 - 30 of 132
Full-Text Articles in Law
Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Robert P. Burns, Sherman J. Clark, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar
Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Robert P. Burns, Sherman J. Clark, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar
Faculty Scholarship
No abstract provided.
Gonzalez V. State, 131 Nev. Adv. Op. 99 (Dec. 31, 2015), Chelsea Stacey
Gonzalez V. State, 131 Nev. Adv. Op. 99 (Dec. 31, 2015), Chelsea Stacey
Nevada Supreme Court Summaries
The Court, sitting en banc, determined that by failing to answer questions from the jury that suggested confusion on a significant element of the law, failing to give an accomplice-distrust instruction, and by not bifurcating the guilt phase from the gang enhancement phase the district court violated the defendant’s right to a fair trial.
State V. Boston, 131 Nev. Adv. Op. 98 (Dec. 31, 2015), Nancy Snow
State V. Boston, 131 Nev. Adv. Op. 98 (Dec. 31, 2015), Nancy Snow
Nevada Supreme Court Summaries
The Court considers an appeal from a district court order granting a post-conviction petition for a writ of habeas corpus. Specifically, the Court considered whether the holding in Graham applies when an aggregate sentence imposed against a juvenile defender convicted of more than one nonhomicide offense is the equivalent of a life-without-parole sentence. The Court held that it does.
Newell V. State Of Nevada, 131 Nev. Adv. Op. 97 (December 24, 2015), Douglas H. Smith
Newell V. State Of Nevada, 131 Nev. Adv. Op. 97 (December 24, 2015), Douglas H. Smith
Nevada Supreme Court Summaries
The holding of State v. Weddell is extended. Responding with deadly force to the commission of a felony per NRS § 200.160 is justified only when the person poses a threat of serious bodily injury. Short of such a threat, the amount of force used must be reasonable and necessary under the circumstances.
Berry V. State, 131 Nev. Adv. Op. No. 96 (Dec. 24, 2015), Brittany L. Shipp
Berry V. State, 131 Nev. Adv. Op. No. 96 (Dec. 24, 2015), Brittany L. Shipp
Nevada Supreme Court Summaries
The issue before the Court was an appeal from a district court order dismissing a post-conviction petition for writ of habeas corpus. The Court reversed and remanded holding that the district court improperly discounted the declarations in support of the appellant’s petition, which included a confession of another suspect, whom the petitioner implicated as the real perpetrator at trial. The Court held that these declarations were sufficient to merit discovery, and an evidentiary hearing on Petitioner Berry’s gateway actual innocence claim.
Officiating Removal, Leah Litman
Officiating Removal, Leah Litman
Articles
For the last several years, the Commonwealth of Pennsylvania has quietly attempted to curtail capital defendants' representation in state postconviction proceedings. In 2011, various justices on the Pennsylvania Supreme Court began to call for federally funded community defender organizations to stop representing capital defendants in state postconviction proceedings. The justices argued, among other things, that the organizations' representation of capital defendants constituted impermissible federal interference with state governmental processes and burdened state judicial resources. The court also alleged the community defender organizations were in violation of federal statutes, which only authorized the organizations to assist state prisoners in federal, but …
Criminal Law And Common Sense: An Essay On The Perils And Promise Of Neuroscience, Stephen J. Morse
Criminal Law And Common Sense: An Essay On The Perils And Promise Of Neuroscience, Stephen J. Morse
All Faculty Scholarship
This article is based on the author’s Barrock Lecture in Criminal Law presented at the Marquette University Law School. The central thesis is that the folk psychology that underpins criminal responsibility is correct and that our commonsense understanding of agency and responsibility and the legitimacy of criminal justice generally are not imperiled by contemporary discoveries in the various sciences, including neuroscience and genetics. These sciences will not revolutionize criminal law, at least not anytime soon, and at most they may make modest contributions to legal doctrine, practice, and policy. Until there are conceptual or scientific breakthroughs, this is my story …
Alternative Visions For The Federal Criminal Justice And Corrections System: Is True Change Possible?, Nora V. Demleitner
Alternative Visions For The Federal Criminal Justice And Corrections System: Is True Change Possible?, Nora V. Demleitner
Scholarly Articles
None available.
How The Right To Speedy Trial Can Reduce Mass Pretrial Incarceration, Zina Makar
How The Right To Speedy Trial Can Reduce Mass Pretrial Incarceration, Zina Makar
All Faculty Scholarship
Kenny Johnson1 was thirty-two years old when he was released from a Baltimore City jail— almost three years after his arrest in October 2012. Johnson was not serving a sentence, but these three years were spent under pretrial detention. He had been denied bail. Johnson’s case was a rollercoaster of delays and uncertainty, particularly towards the end of his pretrial incarceration. The need for certainty convinced Johnson to plead guilty—he could not stand knowing that his pretrial incarceration could be indefinite and he wanted to be sure he was going home, guilty or not guilty.
Between the time he was …
Legal Beagle's Blog Archive For November 2015, Roger Williams University School Of Law
Legal Beagle's Blog Archive For November 2015, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Abandoned Criminal Attempts: An Economic Analysis, Murat C. Mungan
Abandoned Criminal Attempts: An Economic Analysis, Murat C. Mungan
Faculty Scholarship
An attempt is 'abandoned' if the criminal, despite having a chance to continue with his criminal plan, forgoes the opportunity to do so. A regime that makes abandonment a defense to criminal attempts provides an incentive to the offender to withdraw from his criminal conduct prior to completing the previously intended offense. However, the same regime may induce offenders to initiate criminal plans more often by reducing the expected costs associated with such plans. The former effect is called the marginal deterrence effect and the latter is called the ex-ante deterrence effect of the abandonment defense. This Article formalizes a …
How America Tolerates Racism In Jury Selection, Larry D. Thompson
How America Tolerates Racism In Jury Selection, Larry D. Thompson
Popular Media
This Op-ed by Professor Larry Thompson appeared in the New York Times on October 30, 2015. Professor Thompson discusses the case, Foster v. Chatman, which will be heard by the Supreme Court on November 2, 2015. In this case, the Court will decide whether the exclusion of jurors intended to unconstitutionally influence the jury’s racial make-up in a capital murder case in Georgia.
Lessons Learned From Ferguson: Ending Abusive Collection Of Criminal Justice Debt, Neil L. Sobol
Lessons Learned From Ferguson: Ending Abusive Collection Of Criminal Justice Debt, Neil L. Sobol
Faculty Scholarship
On March 4, 2015, the Department of Justice released its scathing report of the Ferguson Police Department calling for “an entire reorientation of law enforcement in Ferguson” and demanding that Ferguson “replace revenue-driven policing with a system grounded in the principles of community policing and police legitimacy, in which people are equally protected and treated with compassion, regardless of race.” Unfortunately, abusive collection of criminal justice debt is not limited to Ferguson. This Article, prepared for a discussion group at the Southeastern Association of Law Schools conference in July 2015, identifies the key findings in the Department of Justice’s report …
An Overlooked Key To Reversing Mass Incarceration: Reforming The Law To Reduce Prosecutorial Power In Plea Bargaining, Cynthia Alkon
An Overlooked Key To Reversing Mass Incarceration: Reforming The Law To Reduce Prosecutorial Power In Plea Bargaining, Cynthia Alkon
Faculty Scholarship
The need to “do something” about mass incarceration is now widely recognized. When President Obama announced plans to reform federal criminal legislation, he focused on the need to change how we handle non-violent drug offenders and parole violators. Previously, former Attorney General Eric Holder announced policies to make federal prosecutors “smart on crime.” These changes reflect, as President Obama noted, the increasing bipartisan consensus on the need for reform and the need to reduce our incarceration rates. However, proposals about what to reform, such as President Obama’s, tend to focus on some parts of criminal sentencing and on prosecutorial behavior …
Beyond The Visiting Room: A Defense Counsel Challenge To Conditions In Pretrial Confinement, Amber Baylor
Beyond The Visiting Room: A Defense Counsel Challenge To Conditions In Pretrial Confinement, Amber Baylor
Faculty Scholarship
Defense attorneys are well acquainted with the ill-considered and extreme use of solitary confinement in local jails. Isolation is one of many problems clients face while locked up in jail awaiting trial. Other common conditions of pretrial confinement include lack of mental health treatment, inadequate medical care, violence from corrections staff, and lack of protection from the violence of others. "Owing time", a recently dismantled practice, is just one example of jails' frivolous use of extreme isolation practices. At times, youth in the juvenile facility at Rikers were placed in solitary so often that there was a waitlist at the …
A Look Back At The "Gatehouses And Mansions" Of American Criminal Procedure, Yale Kamisar
A Look Back At The "Gatehouses And Mansions" Of American Criminal Procedure, Yale Kamisar
Articles
I am indebted to Professor William Pizzi for remembering—and praising—the “Gatehouses and Mansions” essay I wrote fifty years ago. A great many articles and books have been written about Miranda. So it is nice to be remembered for an article published a year before that famous case was ever decided.
Regulation Or Resistance: A Counter-Narrative Of Constitutional Criminal Procedure, Alice Ristroph
Regulation Or Resistance: A Counter-Narrative Of Constitutional Criminal Procedure, Alice Ristroph
Faculty Scholarship
No abstract provided.
State V. Merlino, 131 Nev. Adv. Op. No. 65 (Sept. 10, 2015), Brittany L. Shipp
State V. Merlino, 131 Nev. Adv. Op. No. 65 (Sept. 10, 2015), Brittany L. Shipp
Nevada Supreme Court Summaries
The issue before the Court was whether selling stolen property through a retractable sliding tray on a pawn shop’s drive-through window satisfied the element of unlawful entry of a building as defined in the burglary statute. The Court held that when the outer boundary of a building is not self-evident from the shape and contours of the structure itself, courts must apply California’s “reasonable belief” test which legally defines the outer boundary to include, “any element that encloses an area into which a reasonable person would believe that a member of the general public could not pass without authorization.”
State V. Smith, 131 Nev. Adv. Op. 63 (Sept. 3, 2015), Jessie Vargas
State V. Smith, 131 Nev. Adv. Op. 63 (Sept. 3, 2015), Jessie Vargas
Nevada Supreme Court Summaries
Defendant Terrance Reed Smith entered a no contest plea to one count of child abuse resulting in substantial bodily harm. The Supreme Court of Nevada held Smith’s plea was involuntary because the plea was made in response to acts of coercion by the Washoe County Department of Social Services (“DDS”).
Cassinelli V. State Of Nevada, 131 Nev. Adv. Op. 62 131(Aug. 27, 2015), Mackenzie Warren
Cassinelli V. State Of Nevada, 131 Nev. Adv. Op. 62 131(Aug. 27, 2015), Mackenzie Warren
Nevada Supreme Court Summaries
The Court of Appeals determined that (1) the district court erred by ruling that Cassinelli was not eligible for alcohol treatment under NRS § 458.300(1)(d); (2) the district court did not abuse its discretion by denying Cassinelli’s request for assignment to a program of treatment; (3) the plea agreement was not breached and the prosecutor did not engage in misconduct at sentencing; (4) the district court did not err by refusing Cassinelli an opportunity to cross-examine the victim during her impact statement at sentencing; (5) Cassinelli’s sentence was illegal.
Newsroom: Hassel On Qualified Immunity, Roger Williams University School Of Law
Newsroom: Hassel On Qualified Immunity, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
State V. Harris, 131 Nev. Adv. Op. 56, Ashleigh Wise
State V. Harris, 131 Nev. Adv. Op. 56, Ashleigh Wise
Nevada Supreme Court Summaries
The Court held that it has the jurisdiction to consider an appeal by the State from an order granting a prejudgment motion for a new trial in a criminal matter because the plain language of NRS 177.015(1)(b) authorizes such an appeal and because unique policy concerns identified in State v. Lewis[1] do not apply.
[1] 124 Nev. 132, 136, 178 P.3d 146, 148 (2008).
Johnson V. State Of Nevada, 131 Nev. Adv. Op. 58, Joseph Meissner
Johnson V. State Of Nevada, 131 Nev. Adv. Op. 58, Joseph Meissner
Nevada Supreme Court Summaries
The Court heard an appeal from a sentence and conviction following a jury trial of one count of conspiracy to commit robbery, two counts of robbery, and one count of battery with intent to commit a crime. Affirmed.
Newsroom: Waters '98 On Tempest Verdict Reversal, Roger Williams University School Of Law
Newsroom: Waters '98 On Tempest Verdict Reversal, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Summary Of Barral V. State, 131 Nev. Adv. Op. 52 (July 23, 2015), Aleem Dhalla
Summary Of Barral V. State, 131 Nev. Adv. Op. 52 (July 23, 2015), Aleem Dhalla
Nevada Supreme Court Summaries
Defendant Dustin James Barral was convicted of two counts of sexual assault with a minor under 14 years of age by a jury. The Supreme Court of Nevada held that the trial court committed a structural error by failing to administer an oath or affrimation to the jury panel prior to commencing voir dire. This error required reversal and a new trial.
Don’T Forget About The Jury: Advice For Civil Litigators And Criminal Prosecutors On Differences In State And Federal Courts In New York, Ariel Atlas
Cornell Law Library Prize for Exemplary Student Research Papers
In civil cases, forum selection has become an integral part of litigation strategy. Plaintiffs have the initial choice of where to file a complaint, and thus where to begin a lawsuit. Defendants have the power to remove cases, under circumstances prescribed by statute, from state court to federal court. Many factors enter into the decision of where to file a complaint or whether to remove a case including convenience, applicable law, and suspected biases. But what about the jury? Should a plaintiff consider characteristics of the jury when deciding where to file a complaint or a defendant in a civil …
Newsroom: Horwitz On Ri Probation Reform, Roger Williams University School Of Law
Newsroom: Horwitz On Ri Probation Reform, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Obama's Get-Out-Of-Jail-Free Decree, Paul H. Robinson
Obama's Get-Out-Of-Jail-Free Decree, Paul H. Robinson
All Faculty Scholarship
While agreeing that sentences for nonviolent drug offenses are too long, this Wall Street Journal op-ed piece argues that the large-scale clemency program planned by President Obama is misguided. It sets a dangerous precedent for using the clemency power beyond its traditional and intended purpose of providing a last-resort check on fairness and justice errors in individual cases, and instead uses the power to set sentencing policy. While many people will like the results of the current program, they will be less than happy when some future president uses it as precedent to promote a sentencing policy of which they …
Lost In A Legal Thicket, Paul H. Robinson
Lost In A Legal Thicket, Paul H. Robinson
All Faculty Scholarship
This op-ed piece argues that criminal law recodification is badly needed in the states and the federal system, but that prosecutors stand out as the group who appear to regularly oppose it.
Book Review Of Fraudulent Evidence Before Public International Tribunals: The Dirty Stories Of International Law, Nancy Amoury Combs
Book Review Of Fraudulent Evidence Before Public International Tribunals: The Dirty Stories Of International Law, Nancy Amoury Combs
Faculty Publications
No abstract provided.